New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-12-16
ELUDED BY THE AGILE IVES
THE rv,n,NcE AGAINST HIM WEAK.
yrsTIcE EILBRETH ENsErvfs BIS DECISION oN
MOTION To DISMISS THE CASE.

Mr.
should he committed for trial on the compliant Of
,l,,s Dcxtcr rrcsdont Of tho Cincinnati. hamilton
and DAYTON Railroad Company, that h' h+d ''"ieh
800 600 1t was only f"W minutes after ~ d. III.
when Mr. Ives appea.ed in The room IN company WIN
bic counsel, T. NJ Johnson and Louis Adler, o. Ilo'd-
w. Iautcrbach & Johnson. aid John =. Adams. lie
was dressed IN modest business suit Of gray AID at
at the end Of his line of counsel while Others Woic
tcstifyng. except when lie exchanged soas N.'h W.
Adler SO that n, could give MI Johnson points In Mr.
Dexter, testimony, which, when brought oai, meao
Mr. Ives smile
lie was apparently tho most unconoeTned person ID
the room a. he rubbed his hands with pleasure v n II
he thought Mr.. Dexter badly mixed Mr. IoA.''
IS a tail. erect. dcnifcd man. His counsel = w.
Cass however. found himself rather at sea "hsh "
came to proving his case through Mr. EcNt'r' anu ho
way in which h. got hcdeed IN by the rules OF evidence
tcklcd MIR Ives exceedingly. The charge against ives
was that when he with four other directors Oh hs
railroad w,rt to Terrc Hante In juno l~9' win
$3.50 500 in checks 20 pay President Mche"h' Oh 'l'
Terre HaBtc and Indianapolis Railroad Tor '"n"a""
railroad s.ock Le Kept 100000 check III his pos
session and turned It over TO George H. steyh1f' o
rrosdcnt of III, road, ana that the sum was credited
70 Ives instead of the road. and that IN this operation
Ives virtually stole tie 100000. All the checks
were drawn by the First National Eank OF CINCINNATI
on the western Na;iOnli Of New-Norh
After Jnstice Kilbgc:h was seated at mo en-" " "
rather short table and the counsel had h'o"4'u e'
him nv Adams secured rho rulnG that Ives Sh""'" ~
examined for larceny OF the proceeds 81 lie SloooO
draft instead of the draft itself Mr.. Dexter was
called Inv Mr. Cass. He had barely begun an account
of ,bo pay,oI and Hamilton roads contract Win nv
,,yoon for the uurchas, Of the Naudalla road oe""
Mr. Johnson raised obieo ,ionS which were mostly s"s
tanned lie wanted tie contract as eVldeH" i''S''''
Of Mr. DeAtos's word for H. Then MI DeN'cT VS.
asked various questions 10y Mr. Cass about the o'dlS
which Ives a; trustee of tho Dayton and hanII'""
rand. had taken to Tcrro Hante TO pay for the Van
dalia road
MR. CAss RECEIVES RtBiFF
~, rov,or had M personal knowledge OF tAer as
10 hod bean president of the road only since August
:, los, FINALLY Justice Klhrcth had to tell Mt lass
tia, hc was proceeding r,egulay In trying TO prove
ny Mr. Dexter what that gentleman kue" o''N S''''"
hand After Mr.. johnson had wound MI ''' "P'
he said that Mr. Ives wanted ia" fnIleN H'N'N''E"
Then MI Johnson magnannously on'''" - "'',."
th,, ,r Ives as trustee made the contract win Nr
McKccn. and almost anything else involved III III,
,ra,soct'on exert the conclusion that MT lN"S h'u
doro ANYTHING wrong Nh CaSs was not even 'd"'u
nm 70 move that the 100000 check had pass"
through the usual ban channels In TINS Guy anu '"'
cashiers Of the Western National ana 'H' "'.''
Exchange banks were. therefore, ail"N'" !" "VI ''
without tcstifynC. NJ IcXter finally eo' in 'h' y"
formation that the Vanls.a contract called iof
u. -
1ross win 70 Terrc IIau,e on June last NJ. 'asS
sccccded in getting Tvs co.'s csSh book mo MI
noxter,s hands. but he allowed meicN ~
,rsd the entries as they were thooghf I" Ni|iN ''i
themselves Mr.. johnson magnanln"uSF 20" "''"I
90 NJ Cass again and admitted that The Slooooo
check had tcon credited 70 II 8 Ives as hH>'' al"
a,d M, 60 70 Ivcs 4 Cos general account
Mr. ucxter had had prepared statement q "'-
counts ,o show that Ives * co. had made J." r'I"'u
- -, Hamilton and Dayton road Of IvoSs s'coAm as
,,,,oe Rnt ,n,s was ruled ont. owing 10 l""'4"@
or,ors on the rar Of clerks lVes'S Intentions J"
rsinc The check wcsc ruled out also, While Ni' as
IN vain so,el, 70 cci IN evidence 10 prove 'ha' '"'
500 600 went to Ives's credit, as trustee al" "'
~, ,o.r accounted for Mr. Dexter told Nj. Johnson
that Ives 4 CO. owned about scvencsMis oil hai'''""
spd DAYTON stock when the Vandaha road was bought
u-hcr Ivcs wen, 10 Telrc IIauc I'm June be was ac-
con,raDi.d bv Ncssrs Short Proctor. waite and Kan
sev IN all five ont Of the nine directors The N''''
actions were ali open ". Dexter frst Ieer'e" u '
ALLEGED robbery week ago saturday nom M
short and ON Tuesday following he had retained Nh
Cas-. The directors Of the ROAD had ho' o"''~'' "
tlo.izcd the present proce edues.
No,Ic.rCY ABOUT III 1IAhIIiIl =.
Mr. Ca~s called Harvey :. Osborn, Ives q" gen
erai business man, TO prove hr said thai me A'm
cash balance on June last vas such TIA, 'e SoVV0o
was necessary to cary thc firm along. MI """'S'1
said he would admit that the firm had Hi'io"7 u
e nj
had p,epty Of sccurt =. This had nothing To do WIN
the case Ii was found that III. balance Oh Juie !
WI, -7f 600. and on June g, thc day tAe @looo'O
check va, deposited. $4,000. on june hoOf'
Garrett had had so 900 from the iiHl Inc VIZ
ness did not know whether 1t "ds loan. 1E Oar
rett had no loan account there 40 one had i"-u inc
witness 20 credit the 500 900 10 Ives a trustee Mr.
Cas- rested hi, case, and Nr Adams moved TO dismiss
# for lack ct evidence. Jrst.ce KiiDreth ANNOUNCED
-f.td Ike e
then # seemed best Mi Ivcs's lawyers, they did
not get a clean blll OF health a OAcc. 20 haze LIN
make d voluntary statement, thu, Ncrl0i-ns Ire
chance Of a examination. MI INo' i-c" 'ooA
Inc chair quickly, and in u cLlruPIy, scm confidential
way said he was twenty four years Old bad lived al
No 1876 JOgalcmOnst brooklyn, fof year, sud a. 20
the complaint, said;
Il and am charged with stealing check
for 100000 / never 20; the checl never got
the money!
As 10 the vandaa road contract, b; said: We
treated with William X. Mckccn We sought To get
AS much credit "a possible. We would have eo' al
credit If could"
Q.-Whyl A.-ro make the Interest We Lao
100000 Than Was necessary oar contract
called for only tG3D,5OO, although We took S'"9oOo
We had 500 900 extra. All OF Us knew thai. lI.
Short stood over ne when ltalihS up @IOOVVO ChecA
on the Columbian Bank. of Philadelphia aShed "lI'
McKccns permission 80 make that 10000 twenty
days sight left there that saturday nght Tor New
York ! had object IN keeping that 900 600 check
over might have taken any other 1hoy were AL
good. ] reached Brooklyn sunday night June ..
vas visited there b. Nj Stayncr / explained The
trans ION and handed tn check 10 him president
Of he Cincinnati. Hamilton and Dayton, and H. de
posted u. j Lncw nothing OF the deposit until tho
next dey when suTpO, the check had been credited
10 the road. / nrvor k1r" Of the trustee business
un'il later.
NJ Dexter got q further chance 10 explain that Tho
Hamilton ard Dayton road bad placed all heh' hfais
IN Ivcs's hrnds ia June. and that Ives had substituted
a twenty daN,' draft for OF these, and that one
drsn led been taken by Ivce TO View York 70 gain IN
...a.t II the wiClc sum had been turned over 10
Ncf.con tho If..-.tan ard DAY ron would have saved
g Icr cent 100000. Instead OF paying per cent
on Tie Same sam Il.e company lad a. least lost that
apDuu'.
Justice Klhrcth asked Mr. Dexter whether
fl,n Hamilton and Dayton would nave
Bon worse OF II The 100000 check had been
credited 70 the road instead Of 10 Ives, as trustee
Nj rcxcr could not say. although II # had been